Police chief's summons over child porn

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Thursday, May 28, 2009
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This is Bristol

Avon and Somerset's chief constable Colin Port has been served with a summons alleging he is in contempt of court for refusing to hand over a horde of suspected child abuse images.

The Bristol Evening Post reported last week how Mr Port could risk jail after threatening to defy a High Court order requiring his force to return the material.

His officers are holding 87 computer hard drives and about 2,500 photographs seized from the Leicestershire home of discredited computer expert Jim Bates, who previously gave his opinion in court cases involving child pornography.

But before Avon and Somerset Police said they had a chance to examine the items, Mr Bates obtained a High Court order preventing officers from proceeding with the investigation.

Two senior judges declared the warrant and seizure of the property unlawful and ordered police to hand back the hard drives, forbidding any examination of them.

Yesterday Mr Port released a statement in which he said: "I can confirm that proceedings alleging that I am in contempt of court have been served on behalf of Mr Bates.

"I am taking independent legal advice as to my position.

"In the circumstances, I will address my response to these allegations to the court and will not be responding to media comment while the proceedings are continuing."

Mr Port has been the force's chief constable since January 2005 and if he refuses to hand back the material, could find himself in contempt of court and facing a prison sentence.

His solicitor Mark Spragg said the material should be returned to Mr Bates, who was entitled to keep it because of his role as an expert witness in a number of child abuse cases.

West Country child protection expert David Niven has called for the material to be studied by someone.

He said: "At the very least it should be examined. Children could be at risk as a result of inaction and delay."

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21 Comments

  • Profile image for This is Bristol

    by Brian, Colchester

    Saturday, May 30 2009, 3:00PM

    “I saw this story on a national daily website so I found thisisbristol to post this comment.

    Surely if the police think this person is up to no good with the drives, they have three choices.

    Get better lawyers to re-draft the search warrants and do it again. If I am wrong about this, well I'm no lawyer. Somebody can tell me.

    Appeal the decision.

    Hand the stuff back.

    What they absolutely shouldn't do is keep it. Senior officers and police spokesmen are always saying the public "should not take the law into their own hands" even when they are defending themselves or their property against the various types of yob infesting the country now.
    Well the same principle applies (doubly) to them.”

  • Profile image for This is Bristol

    by rich, bristol

    Friday, May 29 2009, 12:02AM

    “Apologies for having to post another comment, but i thought that it was important to note that the actual images on the material in question are censured, as you would expect. in the vast majority of cases, the image is not necessary in order to conduct a forensic examination of the material, just the relevant coding etc. the claim that there are thousands of images on the equipment seized from Mr bates is false, as the police constable well knows. if there are any images at all they relate to cases that again have legal privilege and are relevant to previous cases that are still ongoing. to suggest that handing back the equipment would be to distribute thousands of indecent images is a gross misrepresentation of the situation. not only is it obvious to anyone that distributing evidence of this nature without censure, even to experts, would be inappropriate, unless vital to the forensic examination, it is also the case that no decent human being would want to have to crawl through thousands of disturbing images, whether an expert witness or not. To suggest that Mr Bates, a man who has worked on countless cases and examined an unimaginable amount of evidence, would be crawling through all the images that were relevant in these cases is absurd. Indeed, no one, at Avon and summerset or elsewhere, would make this suggestion as they well know that images are censured before evidence is given to expert witnesses, unless they are vital to the work to be undertaken.”

  • Profile image for This is Bristol

    by Tessa Boo, London W11 1NR

    Thursday, May 28 2009, 10:26PM

    “Thank you Rich. Bristol.
    There is a real need for everyone to be informed about this case as Avon Police are trying to explain their actions away by 'sighting' that holding on to 'the material,' that was taken from Bates, the computer expert, is 'justified' because by doing so they are protecting children.
    In other words they have rolled out the child protection banner and are sheltering under it !
    The 'row' about the 'police raid' on Mr Bates and the 'taking' of 'material from his home does not seem to have anything to do with child protection, in practice.
    It would seem to be more to do with 'obstructing' a court case.
    Nothing is adding up right !
    There is a rank smell of fish around this case !”

  • Profile image for This is Bristol

    by rich, bristol

    Thursday, May 28 2009, 10:01PM

    “having just read the article again, i notice that it refers to Mr Bates as a 'discredited' expert witness. this is in fact not true. Mr bates continues to act as an expert witness, and his credibility to act as an expert witness in all matters to do with computer forensics remains unquestionable. indeed, no expert in the land would challenge his expertise in court. this 'discredited' refers to a perjury on a technicality. my understanding is that Mr bates stated on his witness reports that he had a degree, which he had the understanding he was entitled to do as he had what he thought was an equivalent qualification. to suggest that Mr bates was or is not qualified as a computer forensics expert is gross misrepresentation, i realise that i have posted a lot of comment on this case, but i feel that it is the right of the public to have all the facts before making up their minds, particularly when it comes to a police chief prepared to defy the law.”

  • Profile image for This is Bristol

    by rich, bristol

    Thursday, May 28 2009, 9:34PM

    “just to add a note, which i thought i had mentioned in my previous post - the evidence relevant to Mr Bates arrest, which the police claim he tried to obtain by deception and on which the police applied a warrant of seizure for (deliberately from the wrong court), was in fact given to Mr bates by Avon and summerset police department at an arrange time in order for him to carry out his forensic work for the relevant case. this was arranged and agreed as part of the trial in question, indeed legal funding was granted for the defendant in question specifically for Mr bates and his fellow expert witness to carry out the relevant forensic examination. Avon and summerset police gave him the evidence to examine weeks before they decided to arrest him. if avon and summerset had any question about his legitimacy, they would not have given him the evidence in the first place, and if they did then this police chief must answer the question why he gave this material to someone he suspected to be a paedophile? Avon and summerset now claim that they have had this suspicion about Mr bates for some time, yet they give him the evidence. if it is true that they had this suspicion, then they were negligent at best in handing over the equipment. however, as we know from information obtained, they did not, and never have, had any suspicion about Mr bates. it is clear that the sole reason for the seizure of the evidence was to obstruct and manipulate the trial in question that was to take place 2 days later. Though they had weeks to arrest Mr Bates and seize this material, if they did have any concerns, they wait until just before the trial on which Mr bates report, which incidentally cleared the defendant in question, was dependant before arresting him. Not only is the timing more than suspicious, there is also incontrovertible evidence that this manipulation of the trial was in fact their exact and sole reason for the arrest of Mr bates and his colleague and the seizure of the material in question. Again, this is only the tip of the iceberg in this case, and there are further cases which will be reviled in time¿”

  • Profile image for This is Bristol

    by Jason, Bristol

    Thursday, May 28 2009, 9:21PM

    “Tony,Bristol. Thanks for highlighting my single typo error !! However those who live in glass houses shouldn't throw stones. You might want to check your postings. Enough said. Your also entitled to your opinion. Your comments though remain off the track of the story !”

  • Profile image for This is Bristol

    by Tony, Bristol

    Thursday, May 28 2009, 7:45PM

    “Rich thank you for your comments as you say a lot more about this corrupt force is going to be exposed, I have first hand evidence and a custody record that clearly proves Avon and Somerset Cionstabulary breached code C of PACE whilst I was unlawfully arrested when in fact I was a victim of crime and proved by statements from witnesses, but due to there incompetance they got the information mixed up! and arrested the wrong person.

    I now have DNA and finger prints on record for a crime I did not commit, and they know I am innocent of any crime.

    I hope Colin Port is treated with the same content as I was?

    And he is on record though he may be innocent of something.”

  • Profile image for This is Bristol

    by Tony, Bristol

    Thursday, May 28 2009, 7:24PM

    “Dartmoor is nice this time of year.

    Or perhaps he could try a drug ridden site like Leyhill.”

  • Profile image for This is Bristol

    by Tessa Boo, London W11 1NR

    Thursday, May 28 2009, 7:06PM

    “All does not seem to be as clear as it should be in this case.
    The computer expert Mr Bates is reported to have been 'an expert witness' in somes 'downloading unsuitable material cases'
    The chances are that he would have 'stuff ' on his computers, due to his involvement in this 'work' and any further research or work that he may be doing.
    The best thing could be if Mr Bates was given 'an independent place' where a TOTALLY INDEPENDENT body can open and srutinise the 'material' which is at this moment in the hands of the Avon Police.
    The 'material' should be 'opened' whilst Mr Bates is present so that he can clarify what 'images' he holds and for what purpose.
    There would seem to be more to this case than meets the eye!”

  • Profile image for This is Bristol

    by Tony, Bristol

    Thursday, May 28 2009, 7:02PM

    “Well Jason
    Something tells me you are a serving police officer, and by the way it is~Gripe not " Grip"

    You seem to be so padantick.

    The fact remains he is Chief Constable of Avon and Somerset Constabulary and should be percieved as white'r than white, he is most certainly not, and I do wish I could be a member of the Jury should he be eventualy prosecuted.

    Which he should! he is breaking the "LAW OF THIS LAND" and clearly showing contempt for HIS peers.
    Juastice in this country sucks.
    And yes I am having a gripe, the Eoropean Court of Human rights has outlawed the retention of DNA of innocent people, of which I am one, but still the home office and the constabularies ignore the ruling therefore, the Chief Constable is no better than me. I hope his DNA and finger prints are held on NORAD.
    Jason LAW of the land applies to us all not just those that happen to be Cheif Constables.

    In terms of the LAW of the Land his actions CAN not be justified.
    Justice for ALL.”

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